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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37766
Experience:  30 years in Employment law
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My son works in underwriting insurance company in illinois

Customer Question

My son works in underwriting for an insurance company in illinois Country Financial. He was moved to a different department in which there will be a cut back. He found a job paying $12000 less. His present employer wanted him to work 120 days more, finally agreed on 90 days and a $37000 severance pay, plus he would be elgible for some retirement when he reached a certain age. Now age 47 has been with co. 17 years. Has had outstanding evaluations, no improper behavior, but has been inquisitive at meetings about certain moves by the company. He is being terminated tomorrow, has been locked out of co. web site at home where he works some times.
Ill is, or at least the company is an 'at will' policy. If he is denied retirement and severance package, what is his recourse. He as a BS, wife a physical thearapist, three great children, no financial, legal, duis, just a great son and family man.
He wants his severance pay, retirement, and happy to leave as he now hates to go to work. What rights does he have that he may not be aware?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ray replied 9 months ago.
Hi and welcome to JA. Ray here to help you today. I am so sorry they have done this to him. If he is denied severance here he should file an EEOC complaint claiming age discrimination.The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. If he gets the severance they likely require him to waive his claims including EEOC.But by filing here he preserves his right to sue for wrongful termination. The employer's actions here appear to cloud a move to get rid of him based on age.They often come up with some "smoke and mirrors" reasons here to terminate.This protects him here and might get them to offer severance or other resolution.And EEOC if they find in his favor give him a right to sue letter and he can sue.He is at will here but they cannot discriminate based on age. File here https://www.eeoc.gov/employees/charge.cfm If he will file this tonight, if they do terminate he files a second complaint claiming retaliation.He can always settle along the way if they offer severance.This would also help him with UI benefits claiming discrimination as basis for termination. I appreciate the chance to help and wish him the best here.
Expert:  Ray replied 9 months ago.
Please let me know if you have more follow up. If you can positive rate when we are done it is always much appreciated.

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